Part IE+W LANDLORD AND TENANT

Chapter IE+W COLLECTIVE ENFRANCHISEMENT IN CASE OF TENANTS OF FLATS

PreliminaryE+W

9 The reversioner and other relevant landlords for the purposes of this Chapter.E+W

(1)Where, in connection with any claim to exercise the right to collective enfranchisement in relation to any premises [F1the freehold of the whole of which is owned by the same person], it is not proposed to acquire any interests other than—

(a)the freehold of the premises, or

(b)any other interests of the person who owns the freehold of the premises,

that person shall be the reversioner in respect of the premises for the purposes of this Chapter.

(2)Where, in connection with any such claim [F2as is mentioned in subsection (1)], it is proposed to acquire interests of persons other than the person who owns the freehold of the premises to which the claim relates, then—

(a)the reversioner in respect of the premises shall for the purposes of this Chapter be the person identified as such by Part I of Schedule 1 to this Act; and

(b)the person who owns the freehold of the premises [F3every person who owns any freehold interest which it is proposed to acquire by virtue of section 1(2)(a),], and every person who owns any leasehold interest which it is proposed to acquire under or by virtue of section 2(1)(a) or (b), shall be a relevant landlord for those purposes.

[F4(2A)In the case of any claim to exercise the right to collective enfranchisement in relation to any premises the freehold of the whole of which is not owned by the same person—

(a)the reversioner in respect of the premises shall for the purposes of this Chapter be the person identified as such by Part IA of Schedule 1 to this Act, and

(b)every person who owns a freehold interest in the premises, every person who owns any freehold interest which it is proposed to acquire by virtue of section 1(2)(a), and every person who owns any leasehold interest which it is proposed to acquire under or by virtue of section 2(1)(a) or (b), shall be a relevant landlord for those purposes.]

(3)Subject to the provisions of Part II of Schedule 1, the reversioner in respect of any premises shall, in a case to which subsection (2) [F5or (2A)] applies, conduct on behalf of all the relevant landlords all proceedings arising out of any notice given with respect to the premises under section 13 (whether the proceedings are for resisting or giving effect to the claim in question).

(4)Schedule 2 (which makes provision with respect to certain special categories of landlords) has effect for the purposes of this Chapter.

Textual Amendments

F1Words in s. 9(1) inserted (1.10.1996) by 1996 c. 52, s. 107, Sch. 10 para. 3(2); S.I. 1996/2212, art. 2(2) (with savings in Sch.)

F2Words in s. 9(2) inserted (1.10.1996) by 1996 c. 52, s. 107, Sch. 10 para. 3(3)(a); S.I. 1996/2212, art. 2(2) (with savings in Sch.)

F3Words in s. 9(2)(b) inserted (1.10.1996) by 1996 c. 52, s. 107, Sch. 10 para. 3(3)(b); S.I. 1996/2212, art. 2(2) (with savings in Sch.)

F4S. 9(2A) inserted (1.10.1996) by 1996 c. 52, s. 107, Sch. 10 para. 3(4); S.I. 1996/2212, art. 2(2) (with saving in Sch.)

F5Words in s. 9(3) inserted (1.10.1996) by 1996 c. 52, s. 107, Sch. 10 para. 3(5); S.I. 1996/2212, art. 2(2) (with savings in Sch.)